History & Modern Evolution of Transnational Commercial Law

Document-Id: 511500, Please cite as: "https://www.trans-lex.org/511500"

Title

Convention of Claims between Great Britain and Spain - Signed at Madrid, 12th March, 1823

Additional Information

Taken from:
A Complete Collection of The Treaties and Conventions, and Reciprocal Regulations, at Present Subsisting between Great Britain and Foreign Powers, and of the Laws, Decrees, and Orders in Council, Concerning the Same; so far as they relate to Commerce and Navigation; to the Repression and Abolition of the slave trade; and to the Privileges and Interests of the Subjects of the High Contracting Parties. - Compiled from Authentic Documents, Lewis Hertslet, Esq., Vol. III., 1841 (Google Books)

Cf. also an appointment of arbitrators under this convention from 1826.

Table of Contents

ACOMPLETE COLLECTION OF THE TREATIES AND CONVENTIONS,AND RECIPROCAL REGULATIONS,AT PRESENT SUBSISTING BETWEEN GREAT BRITAIN AND FOREIGN POWERS,AND OF THE LAWS, DECREES, AND ORDERS IN COUNCIL,CONCERNING THE SAME;SO FAR AS THEY RELATE TO COMMERCE AND NAVIGATION;TO THE REPRESSION AND ABOLITION OF THESLAVE TRADE;AND TO THE PRIVILEGES AND INTERESTS OF THE SUBJECTS OF THEHIGH CONTRACTING PARTIES.COMPILED FROM AUTHENTIC DOCUMENTS,By LEWIS HERTSLET, EsQ.LIBRARIAN, AND KEEPER OF THE PAPERS, FOREIGN OFFICE.VOL. III.LONDON:HENRY BUTTER WORTH, 7, FLEET STREET;ANDJAMES BIGG AND SON, PARLIAMENT STREET, WESTMINSTER.1841.CONVENTION of Claims between Great Britain and Spain.Signed at Madrid, 12th March, 1823.

Content

A
COMPLETE COLLECTION

OF THE

TREATIES AND CONVENTIONS,

AND

RECIPROCAL REGULATIONS,

AT PRESENT SUBSISTING BETWEEN

GREAT BRITAIN AND FOREIGN POWERS,

AND OF THE

LAWS, DECREES, AND ORDERS IN COUNCIL,
CONCERNING THE SAME;

SO FAR AS THEY RELATE TO

COMMERCE AND NAVIGATION;

TO THE

REPRESSION AND ABOLITION OF THE
SLAVE TRADE;

AND TO THE

PRIVILEGES AND INTERESTS OF THE SUBJECTS OF THE
HIGH CONTRACTING PARTIES.

COMPILED FROM AUTHENTIC DOCUMENTS,
By LEWIS HERTSLET, EsQ.
LIBRARIAN, AND KEEPER OF THE PAPERS, FOREIGN OFFICE.

VOL. III.

LONDON:

HENRY BUTTER WORTH, 7, FLEET STREET;
AND
JAMES BIGG AND SON, PARLIAMENT STREET, WESTMINSTER.

1841.

[...]

CONVENTION of Claims between Great Britain and Spain.
Signed at Madrid, 12th March, 1823.

Convention between His Majesty and the King of the Spains, for the amicable adjustment of complaints respecting

381

the capture and detention of Britillh vessels and property by Spanish authorities.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Spains, equally animated by the desire of arriving at an amicable adjustment of the various complaints which have been from time to time laid before the Spanish Government, of the capture of vessels, and seizure and detention of property belonging to British subjects, by Spanish authorities, as well as of other grievances; their said Majesties have been pleued to name Plenipotentiaries for the conclusion of a Convention for the attainment of this desirable purpose, to wit: His Britannic Majesty, the Right Honourable Sir William à Court, Baronet, one of His Majesty's most Honourable Privy Council, and His Envoy Extraordinary and Minister Plenipotentiary to the King of the Spains, &c.; and His Catholick Majesty, His Excellency Don Evaristo de San Miguel, Secretary of State for the Foreign Department, &c. : —who, after having communicated their full powers, have agreed upon the following Articles.

Art. I. A Mixed Commission, English and Spanish, consisting of two Members of each Nation, shall be appointed, and meet in London, within 10 weeks after ihe signature of the present Convention, or sooner if possible, for the purpose of taking into consideration and deciding in a summary manner, according to equity, upon all cases that shall be brought before it, properly authenticated, of the capture or seizure of British vessels, or detention of property belonging to the subjects of His Britannic Majesty, from the Declaration of Peace between England and Spain, of the 4th of July, 1808, to the date of the present Convention; and also upon all cases that shall be brought before it, of the capture or seizure of Spanish vessels, or detention of property belonging to the subjects of His Catholic Majesty, during the same period.

ll. Should any difference of opinion arise amongst the Members of the said Commission, and their votes be equally divided, a reference shall then be made to the Spanish Envoy at the Court of London, and a Law Officer of the Crown to be named by His Britannic Majesty. If these arbitrators should

382

also be divided in opinion, it shall be determined, by lot, which of the two shall definitively decide the question.

lll. An assignment of 40,000,000 of rials upon the great Book, shall, according to the Decree of the Cortes*, immediately be made to the said Commissionners, for the payment of

383

such indemnifications as may be awarded by the Commission.This sum shall be increased or diminished, as the Decree points out, according as a greater or lesser number of claims shall be admitted as valid, exceeding, in the one case, or not amounting to, in the other, the whole amount of the sum in the first instance deposited.

IV. The claims of Spanish subjects which shall be acknowledged just, shall be paid by the British Government, either in stock, or by an equivalent in money.

V. As soon as the Commissioners shall have admitted any claim as valid, and determined the amount due to the claimant, they shall assign or transfer, in favour of such claimant, a portion of the said rentes equivalent to the amount awarded, estimating the value thereof according to the current price in London of the said rentes, at the time of making such assignment or transfer.

VI. No claim shall be admitted, which shall not be submitted to the Commission within 6 months after its first meeting.

VII. A person shall be named by each Government, for the selection and transmission of whatever papers or documents it may be necessary to forward from Madrid for the consideration of the Commission, and to arrange the transfer of the rentes, as the respective amounts shall be awarded.

In witness whereof, we, the undersigned, Plenipotentiaries of their Britannic and Catholic Majesties, duly authorized by our full powers, have signed two originals of the present Convention, and have affixed thereunto the seals of our arms, in Madrid, this 12th day of March, 1823.

(L.S.) WILLIAM A'COURT. (L.S.) EVARISTO SAN MIGUEL.

384

*Decree of the Cortes, 9th January, 1828. - (Translation) - The Extraordinary Cortes, in virtue of the powers vestes in them by the Consitution, and having examined the Proposition made to them by His Majesty, with respect to various Reclamations of the British Government, have decreed:- Art. 1. The Decree of the Cortes of the 27th of January, 1822, respecting the trade of the island of Cuba, ill hereby extended to all the provinces of Ultramar, in the same manner as has been declared, with respect to the aforesaid island, for the term of 10 months, to date respectively from the time of the publication of the Decree, in favour of all those nations which the Government may think proper to include therein, for which object full powers are hereby given to it. 2. The Government ill likewise hereby authorized, either by itself, or by means of Arbitrators, to be appointed by it and by the British Government, to inquire into and decide upon the Reclamations made by the latter, including all those captures, which, from whatever cause, seem to bear a doubtful character, as well as those which originate in the blockade of the Costa Firma, dividing those cases into classes, and setting against them the Reclamations which Spanish subjects may have to make against Great Britain. 3. The Nation assigns, from the present moment, a sum of 40,000,000 of rials, more or less, in the great book, for the payment of such indemnifications as may result from the proceedings in question; thus giving a proof of the sincerity and jusdtice of its principles, and of its desire to preserve relations of amity with Great Britain, and to repair any losses which may have been sustained by its subjects. 4. The claims of British subjects, mentioned in the Order of the Cortes of the 27th of June, 1822, shall be paid by the National Treasury, after liquidating the accounts, and coming to such an agreement as the Order presercribes. 5. If during the investigation prescribed in Article 2, there should appear to be any fault or injustice, in the adjudication of the interest and proceeds of Captures, or culpability on the part of the Authorities, the Governments shall put the laws into strict execution for their punishment, and thus relieve the Nation from a part of the obligation which has fallen upon it. 6. The Government will submit to the Cortes, as soon as possible, the system which it proposes to adopt, with respect to the provinces of Ultramar, as well those which are in a state of revolt, liS those which adhere to the mother country; and the alterations which it considers indispensable in the !aws of trade and navigation of the lndies; either by adapting them to the power of the Nation, or by conforming them to those of other Maritime Powers, by means of Treaties. Madrid, 9th January, 1823 JAVIER DE ISTURIZ, President.

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